Whitemarsh Township
City Zoning Code
City Zoning Code
ARTICLE XII
Apartment House District LR and HR
§ 116-64 Legislative intent.
The purpose of establishing planned apartment districts shall be to encourage the logical and timely development of land for apartment purposes in accordance with the objectives, policies and proposals of the Comprehensive or General Plan and Zoning Ordinance; to assure the suitable design of the apartment in order to protect the surrounding environment of adjacent and nearby neighborhoods; and to ensure that the proposed development will constitute a residential environment of sustained desirability and stability and not produce a volume of traffic in excess of the capacity for which access streets are designed. The protective standards contained in this article are intended to minimize any adverse effect of the apartment on nearby property values.
§ 116-65 Authorization of Map amendments; scope.
The Board of Supervisors may authorize as an amendment to the Zoning Map the designation of an area as an "Apartment House District LR" or as an "Apartment House District HR" for the location of an integrated apartment development, subject to the regulations of this and any pertinent article. In an Apartment House District, the following regulations shall apply.
§ 116-66 Use regulations.
A building may be erected or used and a lot may be used or occupied for the following purposes and no other, provided that the requirements of the sections following are met:
A.
Multiple dwelling, semidetached dwelling and attached dwelling.
B.
Playgrounds, parks, tot lots and open space.
C.
Parking. Off-street automobile parking and off-street delivery/collection facilities shall be required. Such parking area shall not be leased but shall be for the sole use of the occupants of such building and the visitors thereto.
D.
The dwelling accessory uses, limited to satisfy principally the needs of the occupants: restaurant; hair dresser; barbershop; newsstand; dry cleaning; pick-up station; retail sales of food; flowers; clothing; sale or repair of watches and jewelry; drugs; optical goods and household supplies; professional office and studio for physician, dentist, musician, artist, teacher, lawyer, architect or other professional person. The total maximum area for such uses shall not exceed 5% of the total floor area of the building or buildings, excluding basements and garages. Parking for such accessory uses shall be in accordance with the requirements of this article of this chapter. No exterior displays or advertising shall be permitted for accessory uses.
E.
No area shall be zoned for apartment house district use if there exists in the area to be zoned any residential, industrial or other use which would be nonconforming under the terms of this section. The Board of Supervisors may zone the area apartment house district, however, if the developer guarantees the removal or discontinuance of the nonconforming use. The proposed district shall be unified and contiguous in shape; the creation of odd-shaped areas which exclude nonconforming uses is to be avoided.
§ 116-67 Dimensional regulations for garden-type multiple dwellings.
In a development of multiple dwellings, the following regulations shall apply in an Apartment House District LR:
A.
Area of tract. Not less than 10 acres shall be provided for every area to be used in whole or in part as an Apartment House District LR.
B.
Building area. Not more than 15% of the area of each Apartment House District LR may be occupied by buildings.
C.
Setback from streets. There shall be a setback from the ultimate right-of-way of each street on which the Apartment House District LR abuts which shall be not less than 75 feet.
D.
Setback from property lines. There shall be a setback from any property line other than the street line which the Apartment House District LR abuts of not less than 200 feet.
E.
Setback between buildings. The horizontal distance measured in feet at the closest point between any two buildings shall not be less than the height of the taller building, measured in feet. The horizontal distance measured in feet between parallel elements of buildings forming courts and courtyards shall not be less than twice the height of the taller building, measured in feet.
F.
Not less than two off-street automobile parking spaces shall be required for each dwelling unit. Such parking area shall be so placed so as not to interfere with any recreation or service area and shall not be less than 25 feet from the property line or ultimate right-of-way lines.
G.
Dwelling units per acre. There shall be no more than 10 dwelling units per acre. Not more than 1/2 of the total dwelling units shall have two bedrooms or more; furthermore, not more than 1/10 of the total dwelling units shall have three bedrooms or more.
H.
Height regulations. No building in an Apartment House District LR shall exceed 35 feet in height or three stories, exclusive of basements. Appurtenances such as chimneys, flagpoles and mechanical units may be created above the roofline, provided that any structure above the roofline shall be erected within a recession of one foot for each one foot of additional height.
I.
[1]Air conditioners may be of the single-unit or central-unit type. If single unit, they must not protrude from the natural wall line and must be designed in accordance with the overall architectural treatment of the building. If of the central-unit type, with the unit on the roof, the unit must be recessed in accordance with Subsection H above of this section and must be designed in accordance with the overall architectural treatment of the building.
J.
Impervious ground cover: maximum of 30% of the total lot area.
[Added 9-9-2004 by Ord. No. 794]
K.
Minimum green space area: 70% of the total lot area.
[Added 9-9-2004 by Ord. No. 794]
§ 116-68 Dimensional regulations for high-rise multiple dwellings.
In a development of multiple dwellings, the following regulations shall apply in an Apartment House District HR:
A.
Area of tract. Not less than 15 acres shall be provided for every area to be used as an Apartment House District HR.
B.
Building area. Not more than 10% of the area of each Apartment House District HR may be occupied by buildings.
C.
Setback from streets. There shall be a setback from the ultimate right-of-way of each street on which the Apartment House District HR abuts which shall be not less than 75 feet in depth, provided that buildings in excess of 35 feet in height shall provide an additional one foot of setback for each additional one foot of height.
D.
Setback from property lines. There shall be a setback from any property line other than the street line which the Apartment House District HR abuts of not less than 100 feet, except where the adjacent property is zoned residential, in which case the setback shall be 200 feet.
E.
Building arrangement. In the case of two or more buildings for any permitted use on one lot, such buildings shall be arranged in a harmonious grouping, and:
(1)
The distance between any two buildings or wings and single building, regardless of orientation, shall be not less than the height of the taller of the two buildings, or the height of one building if both are of the same height; provided, however, that in no case shall the distance between buildings or wings of a building court be less than 75 feet.
(2)
When courts are created by construction of a single continuous building being built around a central open area, such court must have not more than 75% of its perimeter surrounded by the subject building.
F.
Not less than two off-street automobile parking spaces shall be required for each dwelling unit. Such parking areas shall be placed so as not to interfere with any recreation or service area and shall not be less than 50 feet from any property line and 25 feet from any ultimate right-of-way line.
G.
Dwelling unit per acre. There shall be no more than 10 dwelling units per acre.
H.
Height regulations. No building shall exceed 120 feet in height, nor shall it exceed 12 habitable stories. Appurtenances such as chimneys, flagpoles and mechanical units may be erected above the roofline, provided that any structure above the roofline shall be erected within a recession of one foot for each one foot of additional height.
I.
[1]Air conditioners may be of the single-unit or central-unit type. If single unit, they must not protrude from the natural wall line and must be designed in accordance with the overall architectural treatment of the building. If of the central-unit type, with the unit on the roof, the unit must be recessed in accordance with Subsection H above of this section and must be designed in accordance with the overall architectural treatment of the building.
J.
Impervious ground cover: maximum of 25% of the total lot area.
[Added 9-9-2004 by Ord. No. 794]
K.
Minimum green space area: 75% of the total lot area.
[Added 9-9-2004 by Ord. No. 794]
§ 116-69 Development requirements.
In any development under § 116-67 or 116-68, the general plan shall include evidence and facts showing that consideration has been given and provision has been made for the development and shall be executed in accordance with the following essential conditions:
A.
The development shall be substantially in accordance with the Comprehensive Plan of the Township. Consideration shall be given to the surrounding land features of the area, including but not limited to residences, schools, parks, other reservation of open spaces, locations, width and grade of streets and location and arrangement of parking spaces, local and regional business areas and shopping centers, densities proposed for surrounding areas, and such other features as shall contribute to the harmonious development of the area, with due regard to the character of the neighborhood and its particular suitability for this type of use.
B.
The development shall be constructed in accordance with an overall plan and shall be designed as a unified architectural unit with appropriate landscaping.
(1)
If the development of the apartment is to be carried out in stages, such stages shall be so planned that the foregoing requirements and the intent of this chapter shall be fully complied with at the completion of any stage. The initial stage of development shall comprise a total floor area of not less than 50,000 square feet.
(2)
The developer shall assure the provisions of required improvements by means of a proper completion guaranty in the form of an irrevocable letter of credit acceptable to the Township Solicitor or the deposit of funds or securities in escrow to cover the cost of the improvements.
[Amended 1-8-2015 by Ord. No. 948]
C.
The area shall, as far as possible, have within or through it no major thoroughfare or other physical feature which will tend to destroy the neighborhood or community cohesiveness.
D.
All paved areas for vehicular use shall be constructed to specifications of No. 2 highways, Pennsylvania Department of Highways. All pedestrian walks and other paved areas shall be constructed in accordance with Township specifications.
E.
Fire lanes as required by the Fire Marshal. Areas for loading and unloading of delivery trucks and other vehicles and for the servicing of refuse collection, fuel and other service shall be provided and shall be adequate in size and shall be so arranged that they may be used without blockage or interference with the use of accessways or automobile parking facilities.
F.
Provision shall be made for safe and efficient ingress and egress to and from public streets and highways serving the apartment without undue congestion to or interference with normal traffic flow.
G.
All utility lines servicing the apartment center shall be placed underground.
H.
All buildings within the center shall be served by a public sanitary sewage disposal system and public water supply or available public utilities.
J.
Lighting facilities provided shall be arranged in a manner which will protect the highway and neighboring properties from unreasonable direct glare or hazardous interference of any kind. Lighting facilities shall be required where deemed necessary for the safety and convenience of apartment residents.
K.
Landscaping and screening. All front yards, side yards and rear yards shall be landscaped for a depth of 50 feet for the entire length thereof in accordance with landscape plans showing the locations, species and size of shrubs and other proposed landscaping, which plans shall include proposals for screening adjacent residential areas and shall be submitted to the Shade Tree Commission prior to the issuance of the building permit.
L.
The developer shall preserve or incorporate natural features such as woods, streams and open space areas, which add to the overall cohesive development of the Apartment House District and overall Township development.
M.
The developer shall give consideration to the provision of community areas, laundry facilities, playgrounds, open space and tot lots, and other services necessary for the comfort and convenience of apartment residents.
N.
Trash receptacles. All buildings shall be provided with trash receptacles convenient to service entrances and screened as a part of the architectural treatment of the building. Incinerators are not permitted in apartment buildings.
P.
All mechanical equipment shall be installed and maintained so that no noise therefrom can be heard at the property line.
§ 116-70 Plan requirements and approval.
A.
In any development under § 116-67 or § 116-68, the overall development plan shall include the following items without limitation:
(1)
All property lines and names of adjoining owners.
(2)
Existing contours at two-foot intervals.
(3)
Finished contours after grading.
(4)
Existing utility poles.
(5)
Existing major trees (having a diameter of eight inches or more at a point measured three feet from the ground) and outline of significant tree groups.
(6)
Outline of proposed buildings, including main floor elevation and estimate of floor area.
(7)
Location and slopes of all roads and parking lots.
(8)
Outline of all existing structures and an indication of what structures are going to be demolished.
(9)
Existing watercourses and floodplain.
(10)
Road right-of-way, including ultimate right-of-way.
(11)
Existing and proposed drainage structures.
B.
No building permit application may be submitted until the overall development plan shall have been reviewed and approved by the Board of Supervisors.
§ 116-71 Procedural requirements.
All procedural requirements of the Township subdivision regulations shall be adhered to as they apply to apartment house district development.
§ 116-72 Regulations for semidetached or attached dwellings.
In a development of semidetached or attached dwellings, the following regulations shall apply:
A.
Building area. The maximum building coverage shall be 20% of the area being developed hereunder.
B.
Yard requirements. Any dwelling constructed hereunder shall have a minimum front yard of 30 feet, a minimum rear yard of 40 feet, and the minimum lot area shall be 3,000 square feet.
C.
Height limits. The maximum height of any principal building on any lot shall be 35 feet, and the maximum height of any accessory building shall be 20 feet.
D.
Area of tract. Any tract to be developed in whole or in part for semidetached or attached dwellings shall contain not less than 10 acres.
E.
Dwelling units per acre. There shall be no more than eight dwelling units per acre.
F.
Building size. No building shall contain more than eight dwelling units in a continuous attached row. No more than three contiguous units shall have a uniform front yard setback from a right-of-way or parking area.
G.
Open space. A minimum of 20% of the area being developed hereunder shall be retained as nonvehicular common open space.
H.
Setback from property lines. The setback from each property line or the zoning district boundary, other than a street line, shall be not less than 100 feet.
I.
Setback between buildings. The horizontal distance measured in feet at the closest point between any two buildings shall be not less than 40 feet.
J.
Parking. Not less than two off-street parking units shall be required for each dwelling unit.
K.
Water and sewers. Any development hereunder must be serviced by public water and sewer systems.
L.
Fences and walls. No fence or wall over six feet in height, except a retaining wall or a wall of a building permitted under the terms of this chapter, shall be erected within three feet of the rear lot line of any residential lot. In instances where the side lot line does not pass through a common wall, no such fence or wall shall be erected within three feet of said lot line. A fence or wall may be used to enclose tennis courts, playgrounds or other recreational areas, which areas are available to the general public.